| Summary: | 碩士 === 國立清華大學 === 科技法律研究所 === 104 === With the great advancement of cosmetic medicine industries, building a legal regulatory framework that matches to development of modern cosmetic medicine is necessary, especially in the situation that the number of people seeking cosmetic medicine to improve their appearance increase significantly, and thus led to many disputes, such as false advertising, unfair marketing. Currently existing studies of cosmetic medicine law mostly emphasize on the differences in the nature of general medicine and cosmetic medicine, and located the parties’ contractual obligation, tortious liability and consumer protection. Cosmetic medicine, however, is difficult to define its legal nature because of the intermediate characteristics between medicine and cosmetology, and it could form an obstacle in the practices. Therefore, this article attempts to discuss the regulatory framework directly by learning the lessons, as a reference, from UK, US and France.
This article will firstly clarify the current controversial issues of cosmetic medicine in Taiwan, then integrates several possible causes of disputes from complaint, legal decisions and previous literatures that related to cosmetic medicine, and summarize three major aspects of controversy, which are practioners management, institutions quality and interest of patients/customers. Secondly, the article will compare the regulatory framework and provisions context of cosmetic medicine between Taiwan, UK, US and France by Comparative Law Research. In sum, the lessons from other contries will be reflect to the regulation related to medical medicine in Taiwan, and drafts commendations to current condition by the comment on the amendment of The Regulation Governing the Application of Specific Medical Examination Technique and Medical Device.
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